Criminalization of Human Trafficking and Smuggling in National Laws

It was discovered that Tanzania is the only country in the survey that has a distinct offence described as "trafficking" in its existing Criminal Code. (Sexual Offences Special Provisions Act, 1998).

However, the term "trafficking" is not defined in terms of the Trafficking Protocol as it was enacted prior to the UN Protocol. This statute prohibits the "buying, selling or bartering" of a person for money or any other consideration. It also prohibits certain specific acts that "promote, facilitate or induce the buying, selling or bartering or placement in adoption of any person for money or any other consideration, although these relate mostly to acquiring children for illicit adoption.

The penalty for trafficking under the statute is quite high - a minimum sentence of 20 years imprisonment and a fine, with mandatory compensation to the victim. The limitation of the statute is its definition, which is potentially narrow in scope (especially considering the emphasis on adoption). It has also not been tested in practice. (Source: IOM – Human Trafficking in Southern Africa. A Handbook for legal professionals and legislators).

The Mozambican Parliament and the Government promulgated three laws in June 2008:

The first one being “Child Protection”, defining State, family and society guiding principles on child related subjects, including protection against prostitution and illegal sexual practices, abuse, neglecting and mistreatment, economic exploitation;

A second law being on “Minors Jurisdictional Organisation” to update legislation related to adoptions, assistance to children from divorced parents, as other crimes, and

A third law on “Human Trafficking, especially women and children” where new type of related crimes were characterised. Condemnations and aggravating circumstances were significantly increased.

The Zambian Parliament enacted The Anti-Human Trafficking Bill in the second half of 2008.